Tag Archives: DeSantis

We Can’t Just Pass The Popcorn…

I sat down to begin this post intending to write about what I see as an upcoming fight for the soul of the Republican Party. But then, I realized that the once “Grand Old Party” no longer has anything remotely resembling a soul.

Let’s just say that–following their less-than-stellar performance in the midterms– it looks like Republicans will  be witnessing a no-holds-barred, down and very dirty fight for the status of GOP Big Dog.

Repulsive Ron DeSantis won re-election by a big margin in Florida. The size of that margin was an unsurprising consequence of outrageous gerrymandering, “post-Ian” election regulations that made it easier to vote in overwhelmingly Republican areas but not Democratic ones, and various types of voter intimidation–including show arrests of ex-offenders  who’d been told by election officials that they could vote.

His win sets up a contest with Trump for leadership of a semi-fascist GOP.

DeSantis is evil, but far smarter and smoother than Trump, with a vocabulary that exceeds the 70 or so words Trump knows and the ability to make bigotry sound marginally less despicable. He is thus better able to mine the GOP’s culture war against uppity women, non-Christians, Black and Brown people and LGBTQ folks.

Trump, on the other hand, knows how to fight dirty.

According to press reports, in the wake of DeSantis’ win, Trump announced that he intends to reveal “damaging information about Florida Governor Ron DeSantis should he decide to challenge the former president for the Republican nomination in 2024.”


“I will tell you things about him that won’t be very flattering,” Trump told The Wall Street Journal on his private jet after departing a rally in Dayton, Ohio, on Monday. “I know more about him than anybody other than perhaps his wife, who is really running his campaign.”

“I don’t know that he’s running,” Trump reportedly said on Monday. “I think if he runs he could hurt himself very badly.

In a Fox “News” interview on Election Day, Trump also said that Senate Republicans should oust Sen. Mitch McConnell as their leader, because McConnell was “lousy” at his job, and has been “very bad for our nation.” (Well, there you go–I actually agree with something Donald Trump said! McConnell has indeed been “very bad for our nation.” Unfortunately, that’s because he is very good at what he perceives to be his job…)

A friend reacted to these initial attacks by suggesting that blackmail is, and has been, Trump’s “secret sauce.” As he traced the repeated trajectory, It goes like this: a Republican officeholder speaks out against Trump, subsequently visits him in Florida, and does a sudden U-turn.

My friend’s theory is that Trump has access to Putin’s KGB files on US Leaders. Once he threatens the recalcitrant Republican with the dirt he has, the defector is back in line. (Sure would explain “Miss Lindsay”…)

I don’t know whether there’s any factual basis for my friend’s version of a conspiracy theory, but even if the information doesn’t come from Russia, and even if Trump is simply threatening to turn his mindless troops against an opponent via accusations he invents, the one thing we do know is that he never exhibits any behavior approximating fair play or decency.

For his part, we can expect DeSantis to deploy every bit of ammunition he is able to amass against Trump…and thanks to various state-level investigations and the work of the January 6th Committee,  he’ll have access to plenty.

Watching these two repulsive egomaniacs fight for dominance will be interesting. The sixty-four thousand dollar question is: will their battle be enough to finally, fatally splinter the Republican Party?  “Professional” Republicans–elected officials, strategists, etc.–are likely to prefer DeSantas. He’s evil but not crazy. The QAnon mob is unlikely to desert Trump, who is both.

Of course, if Trump is indicted (which I expect), that will throw a wild card into the battle…

Here’s the thing:

The rest of us can’t just retire to the sidelines and watch the wrestling match while eating popcorn. We’ve just been given a reprieve, but not a decisive victory. We have to work hard between now and the 2024 election. We have to continue the battles against gerrymandering and vote suppression and we have to explain what is at stake to the sizable number of Americans who still fail to cast ballots.

Eventually, if we keep at it and are even moderately successful, today’s semi-fascist GOP will fade into history, and we will once again be able to choose between center-Right Republicans and center-left Democrats (no matter what the GOP claims, American Democrats are anything but “Left” as other countries define”Left”….)

We may be able to choose between two parties with souls.

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Power To The (Voting) People

Here in Marion County, Indiana, incumbent Prosecutor Ryan Mears has generated Republican criticism for making it clear he will deploy the resources of his office to target serious crime–and that his definition of serious crime doesn’t include smoking a joint or having an abortion. He sees his job as an important part of public safety efforts to protect citizens against crimes like rape, robbery and murder.

Mears is hardly the only prosecutor taking that position. Prosecutors have limited resources, and determining the most effective use of those resources in combatting crime is actually a critical part of the job description.

Right now, a battle taking place in Florida between Governor Ron DeSantis and Prosecutor Andrew Warren is illuminating what happens when an ambitious and autocratic governor pretends not to understand that responsibility.

When Florida’s Republican governor fired the Tampa area’s top prosecutor for defying the state’s transgender and abortion crackdown, Ron DeSantis made it clear that he believes his power as governor supersedes the power of voters.

But now that prosecutor, Andrew Warren, is suing to get his job back, and the twice-elected state attorney tells The Daily Beast this is more than a fight over his employment; it’s about whether a strongman governor can single-handedly toss a democratically elected local official out of office.

Politicians like DeSantis and (clumsier and closer to home, Todd Rokita) have tied themselves to the MAGA/ White Christian Nationalist crusade–since his election, DeSantis has moved to  “ban certain books in schools, halt transgender health care for young people, isolate and bully gay kids, and target transgender athletes in schools.”

Warren makes an important point: if DeSantis can overturn the will of the voters who chose him as prosecutor, what would prevent him from targeting elected school board members who choose to ignore his book bans and crackdowns on gay and transgender kids?

“There’s so much more at stake than my job. This is a fight to stop the erosion of our democracy. It’s to ensure our democracy has meaning, so we have elected officials and not a king, so no governor can steal the people’s vote and silence their voice. Regardless of what party you belong to, your vote matters,” Warren said.

This particular battle started shortly after the Supreme Court stripped women of abortion rights in June, when Warren and other elected prosecutors across the country sought to temper widespread fears about misogynistic crackdowns. Warren signed a joint statement vowing to not “criminalize reproductive health decisions.” DeSantis, seething over what he called a “woke” resistance, announced with much fanfare on Aug. 4 that he was suspending the Hillsborough County state attorney. The executive order accused Warren of “eroding the rule of law” and “encouraging lawlessness.” Warren sued two weeks later in federal court.

So far, the judge in the case has consistently ruled against DeSantis on preliminary matters. He issued an order rejecting the governor’s legal theory, which requires a finding that that public employees’ on-the-job statements aren’t protected by the First Amendment, and also requires a determination that an elected prosecutor is an “employee” of the governor who can be subjected to discipline by that governor/employer.

The judge has made a correct and important distinction between elected officials, and appointed agency employees. DeSantis has the legal authority to target the latter category, no matter how vindictively—as he did to the Health Department researcher who was pressured to resign when she wouldn’t fake COVID-19 data to make Florida look good.

He has no such power over officials who were voted into office.

The lawsuit in Florida and the criticisms being leveled against the numerous prosecutors who have taken positions similar to those taken by Warren and Mears should operate to focus more attention on down-ballot elections. We The People get to choose our local officials, and those officials aren’t beholden to state-wide officeholders–they are accountable to the law and to us.  It behooves us to investigate their positions, priorities and prior performance, and vote accordingly.

Here in Marion County, Indiana, we are fortunate enough to have an incumbent prosecutor who is forthright about where he stands, and candid about the ways in which he intends to deploy the limited resources of his office. For my part, I agree entirely with his priorities and approve of the way in which he has run the office. People who disagree should vote for his opponent. No matter who wins, however, that individual will be accountable to us, the voters–not to the governor and not to Indiana’s current (embarrassing) Attorney General.

They, too, are accountable to We The People.

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It Isn’t Just The Crackpot Caucus…

In one of those daily multiple fundraising emails that fill our inboxes, Adam Schiff coined a perfect phrase. Referring to the numerous GOP nominees who are proponents of the “Big Lie” and various other conspiracy theories, he warned that many of them are poised to join “performance artists” like Marjorie Taylor Greene in the “Crackpot Caucus.”

Schiff’s point was that the growing presence of crackpots in Congress has diminished the ability of the federal legislature to do the necessary–albeit less entertaining– work of governance.

He’s right–but our current problems go far beyond the crackpots. People like Greene are embarrassments, but by and large, they are too incompetent–and too busy mugging for the cameras–to devise or pass legislation. They can and do “gum up the works,” but  getting bills passed is evidently beyond them.

America’s most serious problem right now resides in other branches of government: in courts packed with partisan Trumpian know-nothings, and state administrations headed by dangerous and ambitious governors. One of the most dangerous of those governors is  Trump wanna-be Ron DeSantis of Florida.

I generally try not to label unpleasant and unprincipled people “evil,” but that word does come to mind when thinking about DeSantis. His assaults on LGBTQ citizens and public school teachers,  and his persistent efforts to suppress the votes of those likely to vote Democrat are egregious–and unsettlingly effective.

DeSantis most recent attack on voting rights really does merit the “evil” label.

As the Brennan Center explains:

In 2020, Gov. Ron DeSantis bragged that Florida’s elections were the “gold standard.” That was an exaggeration, but he was right in one sense: the elections there, as in the rest of the country, were secure and not marred by fraud.

That left DeSantis with a dilemma in his shadow race against Donald Trump for the GOP presidential nomination. How to prove that he, too, could recklessly undermine democracy? His answer was an election crimes police squad, announced last year to great fanfare.Did it discover Italian spy satellites switching votes? Dominion machines using ballots made in China? Bushels of ballots?

No — it discovered voters caught in the act of voting.

Rather than identifying some shadowy network of deep state operatives, state election police have found a tiny handful of people, many of whom were themselves victims of government incompetence.

Here’s the story:

As many of you probably read at the time,  in 2018, by a very substantial margin, Florida voters amended the state’s Constitution. They ended a  felony disenfranchisement system that had been characterized as a notorious remnant of Jim Crow. That system  barred people who had a felony conviction from voting for the rest of  their lives. The system had kept 1.7 million otherwise eligible people from voting.

Then the Florida Legislature stepped in. It undermined the law, requiring citizens who had just had their rights restored to pay off fines and fees before voting.

The Brennan Center sued, warning that the new requirement would lead to chaos, because the state provided no way for people to check to see if they had unpaid fees and so were eligible to vote.

The experience of Kelvin Bolton illustrates the consequences.

In 2018, after Floridians overwhelmingly approved a ballot initiative to restore voting rights to most people with past convictions, the Alachua County Supervisor of Elections sent officials to county jail to help inmates register for the next election. Kelvin Bolton proudly signed up along with other people in exactly the same situation. According to Bolton, the officials failed to tell him about the requirement that he pay outstanding fines and fees.

Even if Bolton had known, there was very little he could have done. There is no centralized database you can use, no number you can call, to find out whether there are outstanding fees. Here’s an indication of how maddening the process is: When the Brennan Center was developing a resource for people attempting to restore their voting rights, we quickly determined that it had to be aimed at lawyers. No layperson could reliably navigate this Kafkaesque labyrinth. And yet, DeSantis and his election police apparently take the position that formerly incarcerated Floridians vote at their own risk.

Under DeSantis,  Florida adamantly refuses to help these ex-offenders. The state  allows people with felony convictions to register, then prosecutes them if it finds outstanding court debts.

Worse, Florida once again imprisons people –at considerable taxpayer expense– who were only attempting to cast a vote, a practice  that intimidates and deters eligible voters who fear that the election police will come for them, too.

“All in the name of proving that there is in fact fraud happening, to give credibility to those who have staked their political careers on its existence.”

Florida under DeSantis: Even worse than the crackpot caucus.

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Whose Religious Liberty?

Well, finally! A lawsuit just filed in Florida raises an important and far too frequently ignored aspect of the First Amendment’s religion clauses. What happens when “religious liberty” becomes a code word meaning “Liberty for my particular religion’s doctrine, but not for yours?”

The Supreme Court majority that (according to the leaked draft opinion) will overturn Roe v. Wade within the next few weeks is composed of Catholics who have been very vocal about the importance of protecting religious liberty–as they evidently define it. The problem is, their definition of liberty differs from that held by a very large number of Americans who believe that all citizens are free to follow the doctrines of their particular religions. When applied to the issue of abortion, for example, people whose beliefs prohibit it are protected from measures requiring it, and people whose beliefs allow (or even, in some situations, require) it can follow their beliefs.

In other words, if your beliefs prohibit abortion, you don’t have to have one. If they don’t, you can.

That definition of religious liberty is at the heart of the lawsuit filed in Florida. According to the Religion News Service, 

A new Florida law prohibiting abortion after 15 weeks with some exceptions violates religious freedom rights of Jews in addition to the state constitution’s privacy protections, a synagogue claims in a lawsuit.

The lawsuit filed by the Congregation L’Dor Va-Dor of Boynton Beach contends the law that takes effect July 1 violates Jewish teachings, which state abortion “is required if necessary to protect the health, mental or physical well-being of the woman” and for other reasons.

“As such, the act prohibits Jewish women from practicing their faith free of government intrusion and this violates their privacy rights and religious freedom,” says the lawsuit, filed last week in Leon County Circuit Court.

The lawsuit adds that people who “do not share the religious views reflected in the act will suffer” and that it “threatens the Jewish people by imposing the laws of other religions upon Jews.”

The new Florida law has exceptions only for terminations necessary to save the life of the mother or prevent serious injury, or for a fetus with a fatal abnormality. It does not contain exemptions for pregnancies resulting from rape, incest or human trafficking.

The Rabbi of the synagogue that filed the lawsuit was quoted as saying that when separation of religion and government crumbles, religious minorities often suffer. And he noted that DeSantis had signed the law at an evangelical Christian church.

This lawsuit is yet another illustration of an element of the expected decision that has received far too little attention: it goes to the very heart of current constitutional jurisprudence, which is concerned with drawing a line between those matters that government can properly regulate and those that are to be left to the individual. Reversal of Roe attacks the conceptual underpinning of a doctrine known as “substantive due process,” which is focused on where that line must be drawn, and the very simple–and very profound–question: who decides?

In a free country–a country that takes liberty seriously–who gets to decide what prayer you say, what book you read, who you marry, whether and when you procreate?

For the past fifty years, with some hiccups, American law has answered that question by respecting the rights of individuals and religious communities to determine those and similarly personal issues–issues that the Court has dubbed “intimate”–for themselves. I would argue that the right to make our own personal, medical, political and religious decisions in the exercise of our individual consciences is the proper definition of liberty.

(Decisions to forego mask wearing and other decisions that endanger others, not so much.)

America is currently going through a wrenching transition. Religious and racial groups that were once so dominant that minority communities and their beliefs were (at best) marginalized and ignored are losing their cultural dominance, and many members of those groups are hysterical about it. Others are simply clueless–so insulated within traditional ways of understanding the society they inhabit that they are unable to understand the claims of those who differ–as Jewish law differs from much of Christianity on the issue of abortion.

“Freedom for me, but not for thee” isn’t freedom at all. It’s privilege, and privileges can be withdrawn. What’s that observation we civil libertarians love to quote? “Poison gas is a great weapon until the wind shifts.”

Either religious liberty is liberty for adherents of all religions, or it isn’t liberty at all. This lawsuit illustrates the danger of letting government make decisions that favor the doctrines of some religions to the detriment of others.

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The Rear-View Mirror

Like many who read this blog, I get the Letter from an American from Heather Cox Richardson. Richardson is a historian, and the great benefit of her Letters is that they provide what I like to think of as a look in humanity’s rear-view mirror.

Driving a car requires checking the traffic behind us in order to navigate the road ahead. History serves much the same purpose (which is one of the many, many reasons why the rightwing hysteria over teaching the country’s history of racism is so deranged…)

A few days ago, Richardson shared an “aha” moment.

It has been hard for me to see the historical outlines of the present-day attack on American democracy clearly. But this morning, as I was reading a piece in Vox by foreign affairs specialist Zack Beauchamp, describing Florida governor Ron DeSantis’s path in Florida as an attempt to follow in the footsteps of Hungary’s Viktor Orbán, the penny dropped.

She proceeded to outline the political currents prior to the election of Trump: the evolution of today’s GOP into the pro-oligarchy party, following what she described as the usual U.S. historical pattern to that point– “in the 1850s, 1890s, 1920s, and then again in the modern era, wealthy people had come around to the idea that society worked best if a few wealthy men ran everything.”

Each of those periods was a reaction to the expansion of civil equality. Richardson reports that wealthier Americans protected their privileged status by playing on the racism of  poorer white male voters– telling them that passage of laws protecting equal rights was really a plan to turn American governance over to immigrants or to Black or Brown Americans.

The idea that poor men of color voting meant socialism resonated with white voters, who turned against the government’s protecting equal rights and instead supported a government that favored men of property. As wealth moved upward, popular culture championed economic leaders as true heroes, and lawmakers suppressed voting in order to “redeem” American society from “socialists” who wanted to redistribute wealth. Capital moved upward until a very few people controlled most of it, and then, usually after an economic crash made ordinary Americans turn against the system that favored the wealthy, the cycle began again.

When Trump was elected, the U.S. was at the place where wealth had concentrated among the top 1%, Republican politicians denigrated their opponents as un-American “takers” and celebrated economic leaders as “makers,” and the process of skewing the vote through gerrymandering and voter suppression was well underway. But the Republican Party still valued the rule of law. It’s impossible to run a successful business without a level playing field, as businessmen realized after the 1929 Great Crash, when it became clear that insider trading had meant that winners and losers were determined not by the market but by cronyism.

Trump deviated from the usual cycle in one way–he didn’t care about enriching the oligarchy, only about enriching himself, his toadies and his family. Despite his  repellent personality and embarrassing ignorance of government and policy, he was especially dangerous because he turned the Republican base into a cult that no longer respected the rule of law.

Richardson warns that Trump’s deliberate destabilization of faith in our democratic norms is especially dangerous because it creates space for two right-wing, antidemocratic ideologies. Two current Republican governors model those ideologies: Abbott in Texas, who is pursuing the South’s Civil War insistence on “states’ rights,” and DeSantis in Florida, who is emulating Viktor Orbán’s “soft fascism.”

Orbán has taken control of Hungary’s media, ensuring that his party wins all elections; has manipulated election districts in his own favor; and has consolidated the economy into the hands of his cronies by threatening opponents with harassing investigations, regulations, and taxes unless they sell out.

DeSantis is following this model right down to the fact that observers believe that Florida’s “Don’t Say Gay” bill was modeled on a similar Hungarian law. DeSantis’s attack on Disney mirrors Orbán’s use of regulatory laws to punish political opponents (although the new law was so hasty and flawed it threatens to do DeSantis more harm than good).

Richardson counsels us to look in that rear-view mirror–to access the knowledge and tools that history provides to defend democracy from the ideology of states’ rights.” But she also warns that, because the rise of “illiberal democracy” or “soft fascism” is new to us, we need to understand how it differs both from Trump’s version of autocracy and from the old arguments for states’ rights.

At risk of over-extending my somewhat strained analogy, Orbanism represents a massive pothole on the road to democratic self-governance and civil liberty–a pothole requiring us to drive carefully and keep our eyes on the road– ahead and behind.

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